Civil Rights / Liberties – Page 2

September 10, 2016

Providence holds solidarity march for National Prison Strike

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A march from Kennedy Plaza to the Providence Public Safety Complex, with a brief, tense stop in front of the Providence Place Mall was held in Providence Friday evening in solidarity with a National Prison Strike, on the 45th anniversary of the Attica Uprising.

After gathering in Kennedy Plaza, across from Providence City Hall, the march headed for the Providence Place Mall, where it came to a stop, blocking one direction of traffic. Providence Police, lead by Lt. Oscar Perez, had until this time been clearing traffic ahead of the march, but here, with traffic stopped, there was a tense five minutes where a threat of arrest seemed imminent. No arrests took place.

Still, many of the participants felt the police showed their hand in front of the mall. At the Providence Public Safety Complex, after the march, a speaker maintained that though the police were saying that they were “trying to keep us all safe… the second we stopped at the mall… we were threatened with arrest… Safety goes out the window when it comes to capital. They’re here to protect and serve, just not us. They’re here to protect fucking capital.”

On my way back to Kennedy Plaza after the event Lt. Perez told me, half jokingly, that “those kids kind of hurt my feelings.”

The problems with capitalism, though, is one of the points this strike and the supportve march is trying to make. As the march organizers say on their event page, “Slavery is legal in America. Written into the 13th Amendment, it is legal to work someone that is incarcerated for free or almost free. Since the Civil War, tens of millions of people – most arrested for non-violent offenses – have been used as slaves for the sake of generating massive profits for multi-national corporations and the US government. Today, prison labor is a multi-billion dollar industry which helps generate enormous wealth for key industries such as fossil fuels, fast food, telecommunications, technology, the US military, and everyday house hold products…

“This is not just a prison strike for better wages or conditions, it is a strike against white supremacy, capitalism, and slavery itself.”

This is the context for the stop at the mall. The mall sells products made by prison labor. Not paying prisoners wages for the work they do, or paying them a fraction of what workers outside prisons make, depress the wages of everyone. The slavery system of prison labor has real consequences for everyone, especially the poor and marginalized, who are often only one bad day away from being in prison themselves.

Nationally, the strike is being led by groups such as the Free Alabama Movement, Free Texas Movement, Free Ohio Movement, Free Virginia Movement, Free Mississippi Movement, and many more. Locally, the march was organized by the Providence chapter of the IWW Incarcerated Workers Organizing Committee [IWOC].

The strike is certainly not a one day event. Today, at the Adult Correctional Institute (ACI), at 40 Howard Ave in Cranston, there will be “Noise Demo in Solidarity with National Prison Strike” at 2pm. The event asks that participants “Bring banners, signs, noise makers, friends, co-workers, neighbors, family members, and more!” and suggest that if you are traveling by car that you park at the DMV parking lot at 600 New London Ave.

For more information:

Strike Against Prison Slavery

Let the Crops Rot in the Field

Incarcerated Workers Take the Lead

End Prison Slavery

Here’s video from the speak out:

September 7, 2016

Senior/disabled bus pass re-qualification leads to long lines

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Rosa was waiting near the end of a line of about 30 people when I found her at 8:30am in the Kennedy Plaza terminal building Wednesday morning. In her hand she held a senior/disabled bus pass that was due to expire in September 2020, but a driver told her that the pass was no good anymore and that she had to get a new bus pass if she wanted to continue to ride at the reduced fare.

“I paid for this pass, and now it’s no good and I have to pay again,” said Rosa.

Barbara Polichetti, Director of Public Affairs at RIPTA (Rhode Island Public Transit Authority) said that, “Individuals who obtained their passes before January 1, 2013 will be required to pay $10 for their new passes. Anyone who obtained their pass after January 1, 2013 will still need to re-qualify but will not have to pay the $10 processing fee.”

Further up the line Frederick, a disabled man in his late thirties, told me that he had waited in line for over two hours the day before. “They cut off the line at ten people, and told the rest of us to come back tomorrow,” he said. He added that it is difficult for him to get around without a bus pass.

RIPTA announced back in April that they were “re-qualifying all passengers eligible to participate in RIPTA’s Reduced Fare Bus Pass Program for lower income senior citizens and persons with disabilities.” All participants were then required to obtain new passes by July 1. That deadline was later extended to September 1.

I asked Polichetti why re-qualification became necessary. “We looked at all aspects of this program as part of the Comprehensive Fare Study that was conducted last year. In addition to looking at fares, or in this case our no-fare customers, we also looked at the administration of the program. It became very clear that having passes that were valid for five years at a time was not practical or prudent – it was simply too long to go without having people check back in to see if they still qualify for the program.

“There was no way to determine if a pass holder had died or moved away; their passes remained active and in use in our system until they expired. So we knew we needed to lessen the time the passes are valid. They will now be valid for two years, not five. The passes being issued now will expire on a customer’s birthday after the two-year mark, so everyone will not have to re-qualify at the same time again – it will be staggered.”

Originally senior and disabled bus riders were facing a $.50 price hike, but that increase was put off until January, when the General Assembly might reconsider the fare increase.

“We are sensitive to the fact that this program serves a population that is facing financial, health and other stressors in their lives,” said Raymond Studley, RIPTA’s CEO in June when the extension was announced.

That population includes Alan, who first got in line for a new pass on August 31. He was told that he lacked the proper paperwork. It took him a while to get what he needed from the IRS. I wasn’t sure that the one paper he had in his hand would be enough, but Alan seemed confident.

RIPTA’s outreach to the public about the program changes has been extensive, said Polichetti, and has included distributing information at charitable organizations and senior centers across the state, running radio ads for five months, and posting reminders on its website, social media and the digital boards on buses and at the Kennedy Plaza transit hub.

Still, many senior and disabled people didn’t get the message until a bus driver informed them that their pass was no good. Jose, who was waiting in line with Rosa, doesn’t speak much English and his pass didn’t expire until May 2019. He was visibly annoyed that his pass was invalid, despite the date printed on it.

“A lot of riders thought that at the last minute the governor would have a change of heart and decide to honor the passes until they expired,” said Don Rhodes, president of the RIPTA Riders Alliance. So why didn’t RIPTA grandfather in people like Jose and Rosa, who have passes that won’t expire for a few years?

“Since one of the goals was to end the five-year tenure of the passes for better administration of the program,” said Polichetti, “this would not have worked. It would have meant that some people were still going to have five years without checking in with RIPTA, five years without us verifying that they still qualify for the program, and that they are the rightful pass holder.

“We tried to minimize the financial impact of the re-qualification process by not charging anyone who received a pass after Jan. 1, 2013 for their new passes. The fee – which is the administrative fee for getting a photo ID pass – remains the same at $5 per year. The new two-year passes are $10.”

Mary waited in line on Tuesday from 1pm to 3:30pm, only to be told to go home and come back tomorrow. She had spent Tuesday morning at the DMV, getting her state issued ID, and then spent hours in vain at RIPTA. It was a long day of waiting in line, with tons of other people, and she didn’t get the bus pass she needed.

“It was crazy in here yesterday,” said Mary, “It was nuts. The line was over twice as long, and stretched around the room and outside into the rain.”

Hopefully Mary will have better luck today, since she arrived an hour before the office opened.

September 6, 2016

Senator Whitehouse is fighting ‘dark money’ in Washington

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Saying that fighting dark money in politics is his “patriotic duty,” Senator Sheldon Whitehouse sat next to Congressmembers David Cicilline and James Langevin in a “roundtable discussion” to highlight his work on the DISCLOSE Act, introduced by the Senator in June, which would “require disclosure of donations greater than $10,000 to organizations spending at least $10,000 in an election.”

“The American people want and deserve accountability in their elections,” said Whitehouse, “Unchecked secret corporate spending has tipped the scales of power away from ordinary Americans and in favor of big special interests. If Congress is going to make meaningful progress in the months and years ahead on important issues that matter to Rhode Islanders like addressing climate change, reforming our broken campaign finance system is the first step.”

Whitehouse’s DISCLOSE Act, which has been supported by Langevin and Cicilline in the U.S. House of Representatives, is part of the “We the People” legislative package to deal with secret corporate political spending, lobbyist influence, the revolving door, and other facets of the campaign finance system. Whitehouse touted the suite of legislation as a solution to the corporate spending blocking meaningful legislative action on issues like ensuring economic security for the middle class and addressing climate change.

It seems that Whitehouse mentioned climate change and chose Save the Bay’s headquarters in Providence as the location of his round table discussion because, as the Senator said in response to Meghan Kallman, chair of the RI Sierra Club, “I think it’s pretty safe to say, that at a national level, the climate battle is the campaign finance battle. They’re totally married together into one thing.”

Notably, there were protesters outside Save the Bay holding signs reminding their elected representatives about both Invenergy’s proposed $700 million fracked gas and diesel oil burning power plant and National Grid’s proposed LNG liquefaction facility for Fields Point in the Port of Providence, a stone’s throw away. They were there to remind elected officials that their jobs in Washington do not absolve them from taking positions on local issues. None of the elected leaders in the room, aside from State Senator Juan Pichardo, who has publicly taken a stand against the LNG plant in Providence, have thrown their considerable political weight behind the opposition to these projects.

“This is a national package, [but] many many many issues are local,” said Kallman, “We’re watching Dakota. We’re watching Burrillville. We’re watching Fields Point… We have something of a disconnect between what’s happening on the national level and where the front line battles are being fought.”

The influence of corporate spending on elections since the 2010 Citizens United decision by the Supreme Court is a major concern to all who attended the event. Citizens United unleashed a previously restricted torrent of special interest money into the political system. More than $1.5 billion in unlimited contributions, including more than $500 million in secret contributions, have been poured into federal elections since the decision was issued.

“It didn’t take long after Citizens United for secret money has find its way to the shores of Rhode Island,” said John Marion, Executive Director of Common Cause Rhode Island. “We know that Rhode Islanders don’t want unlimited undisclosed money in our elections. We are fortunate to have a congressional delegation that has taken this issue seriously and has offered real solutions for the problems posed by big money in our politics.”

“Senator Whitehouse is a national leader fighting to make our elections and government work for everyday people again through the We the People Act,” said Aquene Freechild, campaign co-director of Public Citizen‘s Democracy Is For People Campaign. “He’s pushing the current congressional majority to snap out of their campaign cash-induced paralysis and stand up to the tiny but influential donor class: by overturning Citizens United, disclosing all spending in elections, and slamming shut the revolving door that transforms public servants into corporate shills.”

Also in attendance at the roundtable discussion were RI Secretary of State Nellie Gorbea, RI State Representative Art Handy, state director of Clean Water Action Jonathan Berard, Save the Bay’s Topher Hamblett and Dean Michael J. Yelnosky of the Roger Williams University School of Law. You can watch the rest of the video from the event below.

September 2, 2016

Community groups pressure PVD City Council on Community Safety Act

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Members of the Coalition to Pass the Community Safety Act (CSA) spoke out before Thursday night’s Providence City Council meeting about the importance of empowering local communities on policing.

“Providence needs the Community Safety Act because without it we feel unsafe,” said campaign coordinator Vanessa Flores-Maldonado in a statement. “The Coalition hopes that a public hearing will speak loudly to the need of an ordinance that seeks to hold police accountable when they harass and brutalize our community.

The Coalition, which is comprised of local community organizations and members, had previously submitted a petition on July 1 to have the city council hold a public hearing before going on their August break. However, the 90+ signatures submitted took 3 weeks to verify and no public hearing was scheduled within the 14 days required by the City Charter.

Malcus Mills of DARE (Direct Action for Rights and Equality) introduced three speakers, Dan, representing PrYSM (Providence Youth Student Movement), Wayne Woods of DARE, and Justice, speaking for RI Jobs with Justice.

Dan spoke about the gang database used by the Providence Police Department. If a youth is placed on the gang database list, they have no ability to remove their name or even check to see if their name is on the list. This may result in loss of job and educational opportunities in the future.

Right now, said Dan, the police, “judge people by their appearance, their race, gender etc, and they will say you are guilty… because they think you are part of a gang.”

Wayne Woods spoke of being profiled and pulled over on the East Side of Providence. After being removed from his car, searched, and then waiting for 20 minutes as his car was searched by police, he and his friend, both black men, were sent on their way. The police told the men, “To go home and take it easy.”

If the CSA were passed, said Woods, the car could only have been pulled over for probable cause and the police would have to issue a receipt to people they detain, outlining the conditions of the probable cause.

“A big part of why the CSA needs to be passed is so that we can hold people accountable to what they’re doing,” said Justice, representing Jobs with Justice. “Civil servants and law enforcement should be accountable just like other working people, and we need to be able to protect the people of Providence, we need to be able to protect the youth of color in Providence.”

The Providence Community Safety Act is a city-wide proposed ordinance that aims to hold police accountable and make communities safer. Developed by community members and organizations who are frustrated with police harassment and lack of accountability, the CSA has 12 key points that outline how police officers should interact with community members. These points range from video recording to traffic stops to the gang database.

September 1, 2016September 1, 2016

Whitehouse not the climate champion Burrillville needs

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United States Senator Sheldon Whitehouse has a national, and even international, reputation as a climate champion, noted Rhode Island Senate President M Teresa Paiva-Weed as she introduced him to to the nearly 150 people gathered in Newport for a community dinner and Q&A. Paiva-Weed talked up Whitehouse’s concern for his constituents, saying, “Someone like Sheldon makes it a point to be home and to have a focus on the issues at home.”

But to the residents of Burrillville who drove for over an hour through rush hour traffic to attend the dinner, Whitehouse hardly seems focused on “the issues at home” and in fact, his own words belie that. His international reputation as an environmental champion is of small comfort to the townspeople fighting Invenergy’s $700 million fracked gas and diesel oil burning power plant.

Whitehouse touted his environmental concerns in his opening remarks, saying, “The good news is that… the [climate] denial operation really is collapsing. You can feel it visibly. We’re at the stage where the CEO of Exxon has had to admit, ‘Okay, climate change is real, and we’re doing it and we want to get something done.’”

Climate change, says Whitehouse, “is going to hit home for Rhode Island in a really big way and I want to make sure that I’ve done everything that I possibly can to make sure that we are as prepared for it as we can be in the Ocean State.”

Richard Dionne, vice president of the Burrillville Conservation Commission was called on by Whitehouse to ask the first question.

“When discussing the most influential senators from Rhode Island on environmental quality issues, your name is often brought up in the same sentence as our former Senator John H Chafee,” said Dione, “Not bad company to be in if I do say so myself.”

“Really good company,” agreed Whitehouse.

Dione continued, “However, our Senator Chafee would be rolling over in his grave if he knew that a 900 megawatt fracked gas power plant being proposed by Governor Raimondo was to be sited smack dab in the middle of the John H Chafee Heritage Corridor in the northwest corner of Rhode Island, on the shared border with neighboring states Connecticut and Massachusetts.

“This area has been recently designated as part of the National Park Service. The approximately 13,000 acres of protected forests, recreational areas, wetlands and conservation areas is absolutely the most inappropriate area for this type of project.

“Every environmental organization in the state of Rhode Island has come out against the project,” continued Dione, “including the Environmental Council of Rhode Island, the Audubon Society, the Nature Conservancy, Blackstone Heritage Corridor, the list goes on and on, I have a list right here…”

“I know the list,” said Whitehouse.

“At many of the public hearings I attend, invariably the question gets posed to me, ‘Where is our environmental Senator on this issue and what is he doing for his constituents in Burrillville?’ A town which, by the way, has supported your election in 2006 and 2012.

“So my question is Senator Whitehouse,” said Dione, winding up, “What answer can I bring back to the people of Burrillville, and can you commit this evening to opposing this power plant?”

“The short answer is,” said Whitehouse after a short pause, “There is a process…”

“Here we go,” said a woman at my table with open disdain.

If there was a wrong answer to give, this was it. Everyone who attended Governor Gina Raimondo’s appearance at the Burrillville High School has heard this answer before. No one takes “trust the process” seriously. It’s political dodge ball.

Conservation Law Foundation (CLF) attorney Jerry Elmer has spoken eloquently about the process. “Remember that the reason – the raison d’etre – that the General Assembly created the EFSB (Energy Facility Siting Board) was precisely to take these energy siting decisions away from the Town Councils and town planning boards,” wrote Elmer.

RI Senator Victoria Lederberg, who got the EFSB legislation through the General Assembly 30 years ago, called the siting board concept “one-stop shopping” for power plant developers. Climate change, environmental concerns and the health and safety of residents didn’t seem to be high on the General Assembly’s priorities when the EFSB was formed.

The process renders the opinion of ordinary townsfolk essentially meaningless, said Burrillville Planning Board attorney Michael McElroy. “The EFSB can take [our opinion], they can take it in part, or they can reject it.”

“There is a process,” said Whitehouse, “taking place for [the power plant] through the state Energy Facility Siting Board. They take sworn testimony, as I think you know. There are a whole bunch of local environmental groups that are intervened into that proceeding. The Conservation Law Foundation has come down from Boston to intervene in that proceeding. They have witnesses.”

Senator Whitehouse is incorrect here. The only environmental group certified as an intervenor in the EFSB proceedings is the CLF. The Burrillville Land Trust, Fighting Against Natural Gas (FANG), Burrillville Against Spectra Expansion (BASE) and Fossil Free Rhode Island were denied intervenor status, as it was felt that their interests would be seen to by the CLF.

“It’s essentially an administrative trial that is taking place,” continued Whitehouse, “I have confidence in that process. I have confidence in Janet Coit at DEM (Department of Environmental Management) who by virtue of being the DEM director is on the Energy Facility Siting Board. I have confidence in Meg Curran, chairman of the Public Utilities Commission (PUC) who by virtue of being chairman chairs that Siting Board, and there’s going to be somebody from the Department of Administration…”

Associate Director of the Division of Planning, Parag Agrawal, is the third member of the EFSB.

“It’s a process I’ve worked with from my earliest days,” said Whitehouse, “when I first came as a young lawyer to Rhode Island I worked in the Attorney General’s office and I practiced representing the people before the Public Utilities Commission.

“So I have confidence in the process.

“Congratulations,” added Whithouse, “The opposition to Invenergy, I think, has won every round. Burrillville said ’No’ on planning, Burrillville said ‘No’ on zoning, the water board said ‘No’ on water, so I think you’re, yeah, it’s a process and I know it would be easier to just yell about it but it’s a process that I think is honorable and will come to the right result.

“So I want to focus my efforts on where it will make the biggest difference. I know we’ve had some conversation, repeatedly, but I still am of the view that, with the force and strength that I have available to me, I want to apply every bit of that force and strength to the battle in Washington, which if we win it, will be immensely significant, not just to Burrillville but to all of Rhode Island and to the country and the world.

“So, sorry that I don’t have more to give than that, but I do think that I give pretty well at the office with what I do on this issue. Thank you for bringing it up though, I appreciate it.”

Burrillville resident Lynn Clark was called on to ask the next question. This seemed like a coincidence, but in fact, half the questions asked concerned the power plant in Burrillville, in one way or another.

Clark rose and with only the slightest hint of nervousness in her voice, said, “My name is Lynn and I come from the northwest corner of the state of Rhode Island. It has been my home all my life. I applaud you and I love the work you’re doing on the environmental front.

“In Burrillville, our little town has come together and we have come out strong against this giant plan. We have a lot of environmental groups [on our side], 23 currently, and we are working hard.

“I wish I could say that I am as confident in this process as you are, sir. It has been a scary process. We have been consumed by this process. I have been at every meeting, for hours, two or three meetings per week. Sir, this is a scary, scary process.

“We need a champion in Burrillville and we are asking you to please come see us. Please, come talk to us. If this Invenergy [power plant] gets built, the detriments to our little state will be just horrifying.”

Clark’s appeal to Whitehouse was raw and emotional. It’s the kind of speech people give in movies to roust tired champions into battle one final time.

But this wasn’t a movie and Whitehouse wasn’t willing to be the hero.

“I hear you,” said Whitehouse, once again echoing words Governor Raimondo used in Burrillville when she visited, “I can’t add much to what I’ve said to Richard. Thank you for taking the trouble to come down and share your passion.

Eagle Scout James Lawless with Whitehouse

“It is the National Heritage Corridor,” said Clark, not giving up, “We also have a boy scout camp up there, camp grounds… Have you been up to Burrillville?”

“Oh yeah,” said Whitehouse.

“Okay,” said Clark, “I hope you come visit us soon, sir. Thank you.”

Other questions came and went. Whitehouse was asked about the Supreme Court vacancy, grid security and the opioid epidemic. When Newport resident Claudia Gorman asked Whitehouse about the Federal Energy Regulatory Commission (FERC), he admitted that on the federal level, at least, he isn’t as certain about the integrity of the process.

“There have been several problems, at the federal level, with the approvals,” said Whitehouse, “They haven’t baked into their decision making what is called the social cost of carbon.” Whitehouse added that we don’t take seriously the problem of methane gas leaks, and that he held the first hearings on the issue of gas leaks and that we still don’t know the full extent of that particular problem…

The last question of the evening came from Cranston resident Rhoda Northrup. She rose as Whitehouse tried to bring the discussion to an end, and would not allow the dinner to end without asking her question.

“I do not live in Burrillville I live in Cranston,” said Northrup, “and what’s going on in Burrillville should not be completely on their backs. This is a global issue for all of us and if that power plant comes to our state of Rhode Island, it will set us back forty years. We will be committed for another forty years to a fossil fuel.

“That’s wrong.

“We need to move forward with wind and solar. And with all of that said, I would like to ask the senator if he has an opinion. With everything that’s been said tonight, ‘Do you have an opinion?’

“I know it’s a process,” said Northrup, “but that’s not an answer. Everybody’s telling us it’s a process. We know that. We’re walking the process. But we’re asking our leaders if they have an opinion. You must have an opinion.”

There was a short pause before Whitehouse answered.

“My opinion is that we must get off fossil fuels,” said Whitehouse.

“Thank you for that,” said Northrup.

But Whitehouse was’t finished. Lest anyone believe that by that statement Whitehouse was taking a stance against the power plant in Burrillville and matching action to his words, Whitehouse switched to his familiar political talking points.

“My opinion is that the best way to do that,” continued Whitehouse, “is to balance the pricing of fossil fuels, so that they are treated fairly in the marketplace. Right now they have a huge, unfair advantage because they don’t have to pay for the cost of the harm that they cause…”

September 1, 2016

DHS cuts hit the blind and visually impaired hard

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Social services for the blind and visually impaired are among the hardest hit as a result of the new computer system at the state Department of Human Services, said Rui Cabral, board member of the National Federation of the Blind of Rhode Island.

“The recent layoffs at the Rhode Island Department of Human Services (DHS) as a result of the costly UHIP system have affected employees and clients alike across many departments, but none more so than those in the previously five-person Independent Living unit at Services for the Blind and Visually Impaired (SBVI),” he said. “Several days ago four of those five Social Case Workers were laid off, cutting the workforce down to only one. One person to serve every blind child under the age of 14, every senior living with vision loss, and every visually impaired person in Rhode Island who is unable to work.”

At the press conference held last Thursday announcing staff cuts because of the new UHIP computer system, Melba Depeña Affigne, director of the RI Department of Human Services (DHS) said, “There will be no impact on clients.”

But in a statement, Cabral said, “There is no computer system that can accurately gauge what a blind person needs most—acuities and field loss can mean drastically different things for different people. Much of what clients of SBVI really need is a trusted and knowledgeable case worker who can provide not only the concrete resources, but support, reassurance, and advice based upon experience. In a society that so often tells blind people that we cannot, should not, are not allowed to, we need the assurance that we can live happy, successful, independent lives. For many of us, a Social Case Worker is the first person to tell us that. They have been working with the blind of Rhode Island for several decades between them; they know their clients, their needs and abilities, and they use that knowledge to serve a population that other, less specialized agencies, rarely know how to assist.”

These layoff will have an acute effect on visually impaired clients, he explained. “Say, hypothetically, that you, a sighted person, wake up tomorrow with significant vision loss. Where will you find out about the resources you need—the transportation opportunities, the library for the blind, the technology that will allow you to continue to use your iPhone and your computer, the nonvisual skills and devices that will help you to cook for your family and clean your house? How will you pay for–or even find out about–the glasses and the contact lenses and the magnifiers that will allow you to read your mail and pay your bills? A month ago, you would have called Services for the Blind and Visually Impaired, and someone would have told you that all of these things were possible, that they were there to help.

“Now? The future of the more than four hundred active clients, not to mention the hundreds of people who experience vision loss each year, is unclear. Now, it isn’t just society’s misconceptions that will keep blind and visually impaired people from living the lives we want—it’s the fact that we will not even have access to the resources we need in order to do so.”

The Members of the National Federation of the Blind of Rhode Island, “urge those in power to reconsider the termination of these workers’ positions. The needs of our unique population cannot be met by one worker alone, or by workers who have no knowledge of the true issues related to blindness.”

August 31, 2016

Burrillville Zoning Board votes ‘No’ on Invenergy

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Ray Cloutier, chair of the Burrillville Zoning Board, ripped Invenergy‘s plans for a $700 million fracked gas and diesel oil burning power plant to shreds Tuesday evening as he lead the board in a unanimous decision to reject the company’s application in their advisory opinion to the Energy Facilities Siting Board (EFSB). Cloutier called Invenergy’s plans to use “up to a million gallons of water” per day “totally irresponsible” saying that future growth and development in the town would be curtailed. “That’s totally irresponsible,” he said.

The Burrillville Zoning Board has been tasked by the EFSB to deliver an advisory opinion. The Zoning Board based much of their decision on the work done by the Burrillville Planning Board. The EFSB can give the advisory opinion as much or as little weight as they choose. They can adopt the opinion in whole or in part, modify the opinion or simply ignore it.

But the opinion, based on strong research and hours upon hours of expert and community testimony, should not be considered lightly. Cloutier maintained that Invenergy has avoided providing the board with requested answers.

“Due to… a lack of concrete information, we, the board, have asked in several different ways, several different times, for concrete information from this company, and they’ve either ignored our questions, or evaded them, or answered in a very vague manner,” said Cloutier, “We’ve gotten no definite answers, as far as I can tell, on anything.

“We have no plans. Nothing that we can read.”

One big stumbling block is the water. Cloutier said:

The big question, and we’ve asked this over and over again, available water supply. There is no water supply. As a matter of fact, they’ve been denied any water from anybody in this town. And if they were to attempt to drill a well, and draw from the ground water, it would seriously deplete the aquifer in the whole town.

“It would stop any further development. It would cripple the town from developing anything further after this. There’s no guarantee that there’s enough water for [Invenergy]. I’ve heard that there’s up to a million gallons of water per day demand at times for this plant. That’s totally irresponsible.

“This town would be facing a public water moratorium on future village growth if this is approved. It’s unbelievable that we’d consider that.”

The meeting started off contentiously. Burrillville residents, worried about the outcome of the opinion, quickly hijacked the meeting, demanding the opportunity to speak publicly. Cloutier appeared frustrated at times and admonished the crowd to be respectful. But in the end Cloutier thanked residents for their patience during the difficult process.

Invenergy’s lawyer Elizabeth Noonan actually lost her cool as members of the audience interrupted her, saying, “People, really, I’m trying to address the board member, could you give me a- little quiet?” One woman in the audience shouted, “No!” Noonan countered, “I don’t speak when you speak.” She then gave up trying to speak and put down her microphone.

With the decision of the Burrillville Zoning Board made, this part of the EFSB process has come to a close. The EFSB is still waiting on final advisory opinions from the Department of Health and the Department of Environmental Management.

Here’s Stephanie Sloman‘s testimony on low octave noise, which Cloutier found very compelling:

Here’s the full meeting:

August 29, 2016August 30, 2016

Providence DHS also experiencing problems

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The letter Heather received a week before her appointment with the Department of Human Services (DHS) warned that not showing up for her scheduled appointment could seriously delay approval of her benefits. Having been recently laid off and in search of work, Heather made sure that she was not only a half hour early, but that her paperwork was in order.

Arriving at the DHS offices in Providence on Elmwood Avenue, she got into the line for those with appointments. The other line, for those without appointments, was longer and moved more slowly. Both lines stretched out of the waiting room.

Conditions in the waiting room, Heather told me, were “miserable.”

“People were standing in lines for hours,” said Heather. “A lot of people were turned away. A lot of them were single mothers. It was hot, and there was not a lot of room to sit. Children were running around, crying and screaming.” She said employees appeared to be overwhelmed and frustrated.

Optimally, DHS provides people in need with access to many services such as Medicaid, SNAP benefits, Rhode Island Works (RIW), Child Care Assistance Program (CCAP), LTSS, General Public Assistance (GPA) and access to various energy assistance programs like HEAP, WAP and HSR.

The delays, Heather was told, were because of the new computer system the DHS was using to approve benefits. The new system was supposed to make things more efficient. Instead, workers at the office were facing too many cases and a new system being rolled out without adequate training.

At a press conference on Thursday, DHS director Melba Depeña Affigne said that changes in staffing and the conversion to the new computer system would have “no impact on clients.” Michael DiBiase, director of the RI Department of Administration called the issues that Heather and others have described as “unfortunate.”

After four hours, Heather got her EBT card and was able to leave the DHS offices by 4:45pm. The waiting room was no less full, most of those waiting would have to return the next day to continue the process.

The new computer system, which has no official name, was supposed to be online in July, and is now slated to be fully operational by mid September. The system is supposed to reduce the amount of time prospective clients spend with social workers and has been billed as an “incredible tool for our workforce” that will “enhance customer service.”

Heather disagrees. The system, she says, is “designed to make you feel like shit about yourself.”

August 26, 2016August 26, 2016

Environmentalists hail Elorza’s stance on LNG

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The Environmental Justice League of Rhode Island (EJLRI) “is thrilled that Mayor Jorge Elorza listened to the community and is taking a strong stand against fracking, climate change, and LNG production in Providence.”

The EJLRI statement comes in response to Elorza’s announcement that he opposes National Grid‘s proposed LNG liquefaction facility to be located at Fields Point in the Port of Providence.

State Representative Aaron Regunberg, who represents the 4th district in Providence, also hailed the mayor’s announcement. “I am so glad the mayor has joined our opposition to this terrible proposal. It shows the LNG facility is not a done deal. This is a fight we can win, and so it is a fight we must win. Now it’s time for our federal delegation, who I know are all committed to fighting climate change, to put that commitment into practice here in Providence and join our push for #NoLNGinPVD!”

EJLRI echoed Regunberg’s call for more state elected officials to join them in the fight against expanding LNG infrastructure in Rhode Island. “We are very thankful for the support and climate leadership from our mayor and state legislators, and we now call on our federal congressional delegation and Governor Gina Raimondo to join us and stop National Grid’s plans to liquefy and export fracked gas from Providence.”

Monica Huertas, a leader in the #NoLNGinPVD campaign, responded to the news from the mayor’s office by saying “As a resident of the Washington Park neighborhood, I am so thankful for Mayor Elorza to have so willingly come out against ‘LNG.’ We can make a difference in the smallest state and as residents of the capital city we can take the lead on dismantling the old ways of doing things. This shows that he is on the right side of history. After we have won the battle for clean energy, we can look back at this key moment in Providence and be proud that we fought together.”

Meghan Kallman, Chair of the RI Sierra Club said, “The Sierra Club is pleased with Mayor Elorza’s statement of opposition to the proposed LNG facility in Providence. Climate change is one of the gravest threats that our community faces. Infrastructure such as this liquefaction plant, that locks us into further consumption of fossil fuels, is a bad choice for our future. Further, its proposed location would imperil some of the most vulnerable residents of Providence. We are pleased that Mayor Elorza has listened to the concerns of the community and is opposing this wrongheaded proposal.”

“We have to move to renewable energy,” said Sam Bell, executive director of the Rhode Island Progressive Democrats (RIPDA). “Certain machine politicians may not believe we need to act to stop climate change, but our state cannot afford not to act. Elorza giving in to the people of Providence and supporting the NO LNG in PVD movement is a big win.”

The EJLRI statement concludes, “The decision to approve or reject National Grid’s proposal is still under fast-track review and likely approval in the Washington DC offices of FERC, the Federal Energy Regulatory Commission. Governor Raimondo, Senator Sheldon Whitehouse, Congressman David Cicilline, and other elected officials need to join their colleagues in Providence and make it clear that there can be no more dangerous fracked gas expansion projects in Providence, or anywhere in the state. We stand by no fracked gas LNG in Providence, no fracked gas power plant in Burrillville, and no fracked gas Access Northeast expansion of the pipeline, compressor station, and additional LNG production.

“Rhode Island is making international news as a climate change leader, and we need to be clear that real climate leaders reject fracking and support a rapid and Just Transition to a sustainable future that centers the needs of workers and frontline communities.”

August 24, 2016August 26, 2016

‘Essentially our advisory opinion means nothing’

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The Burrillville Planning Board meeting, held on Monday evening, was a confusing muddle that revealed the structural weaknesses of the “process” that Governor Gina Raimondo implored the people of Burrillville to trust in.

The board was meeting to vote to approve the final version of its required advisory opinion to the EFSB (Energy Facilities Siting Board) concerning Invenergy’s $700 million fracked gas and diesel oil burning power plant, a scheme that is wildly unpopular with Burrillville residents.

The powerlessness of a small, town appointed board in the face of a multi-billion dollar company with state government support was aptly demonstrated when board chair Jeffrey Partington lamented that “one of the weaknesses of this entire [process] is that we haven’t seen plans” from Invenergy.

The “process” is designed so that a town planning board has to decide to endorse or oppose a plan that will have enormous impact on the town, without seeing the actual plans.

This is by intent.

Conservation Law Foundation attorney Jerry Elmer has pointed out that the process “was designed to take the power to stop a proposal like Invenergy’s out of the hands of the local people… and put it into the hands of the EFSB.”

Hours of meetings and endless discussions have consumed the board’s time and the energy and efforts of local townsfolk. Yet the board’s own attorney, Michael McElroy, succinctly summed it up when he said, “Essentially our advisory opinion means nothing. It’s simply an advisory opinion. The EFSB can take it, they can take it in part, or they can reject it.”

At this meeting we learned that though Invenergy is confident that they can design the power plant to meet the noise ordinances set by the town, they have no intention of posting a bond to insure that this goal is met. An expert hired by the town has said that though he has never seen a power plant meet noise requirements so low and that such a thing has never been done, he believes it might be possible.

“It may be difficult and it may be expensive,” noise expert David Hessler cautioned, adding, “I think it can be done.”

Later in the same meeting Hessler admitted that he had “never seen a power plant meet the noise levels” but reiterated that he thinks this plant can be designed to do so.

Maybe this is why Invenergy won’t post a bond: What bonding company wants to insure a project that may well prove to be impossible? Not agreeing to post a bond may also be a legal strategy. The EFSB, when they decide on the final terms of the deal, might include a bonding that Invenergy agreed to, but more likely the EFSB will simply give Invenergy a waiver on the noise level, allowing the company to disregard Burrillville’s ordinance, without bringing up the bonding issue at all.

Why post a bond to meet a requirement you intend to have waived?

So all the sturm und drang over low octave vs. decibel limits on noise may well be for naught. “Essentially our advisory opinion means nothing,” said McElroy.

Here in Rhode Island we call that, “the process.”

Here’s the full video of the Burrillville Planning Board meeting.

August 22, 2016August 26, 2016

CLF moves to finish off pipeline tariff

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In response to the Massachusetts Supreme Judicial Court’s decision against National Grid’s plan to charge consumers to underwrite and guarantee profits for its proposed ANE pipeline, the Conservation Law Foundation (CLF) has moved to close the Docket on a similar proposal here in Rhode Island.

Closing the docket would essentially end National Grid’s plan. According to the motion, National Grid provided testimony in the Massachusetts case claiming that “the fate of the ANE Project is dependent on approvals of full cost-recovery in other New England states—especially Massachusetts, which National Grid assumed would provide a substantial portion of the financing for the proposed project.”

As National Grid further states, “If there is any possibility of less than full cost recovery over the entire term of the contracts, the Proposed Agreement has a negative expected value for the Company’s investors…” National Grid wants to place the risks of this investment on ratepayers, not its investors.

The motion to dismiss, filed by CLF attorneys Jerry Elmer, Megan Herzog and Max Greene, supplies several reasons supporting the contention that Docket 4627 needs to be closed in light of the Massachusetts decision.

The first reason is that the project cannot proceed without Massachusetts. “Massachusetts was to receive the lion’s share—more than 43 percent—of the Access Northeast project’s gas capacity,” says the motion to dismiss, “In effect, Massachusetts’ non-participation cripples the project.”

Even if National Grid decides to proceed with the motion, by deciding to actually assume the financial risks, says the CLF, that isn’t the plan as proposed in Docket 4627. The scheme, says the CLF, “is so substantially altered by [the Massachusetts opinion] that the Petition, as filed, fails to represent fairly the costs and benefits of the ANE Project.”

Without the State of Massachusetts buying in, “The resulting proposition is an entirely new, and raw, deal for Rhode Island. In effect, National Grid is now asking Rhode Island ratepayers to subsidize a project that it alleges will benefit all of New England; yet a substantial share of New England ratepayers—including millions of ratepayers in Massachusetts—will be insulated from bearing a proportional share of the risks of this experimental and uncertain scheme.”

Also, even though the Massachusetts decision was based on Massachusetts state law and has no direct legal bearing on Rhode Island, “the reasoning underlying the Massachusetts Supreme Judicial Court’s decision… applies with equal force here.”

Rhode Island has laws similar to those in Massachusetts regarding “the core principles of electricity market restructuring,” says the CLF, and approving National Grid’s plan “would undermine the main objectives of the [restructuring] act and re-expose ratepayers to the types of financial risks from which the Legislature sought to protect them.”

August 20, 2016August 26, 2016

Trump hits Minneapolis, the city hits back

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Coincidentally, Republican presidential nominee Donald Trump came to Minneapolis MN on the same day I made my first visit to the city. This turned a day that I had planned to spend sightseeing into a day of traveling to three different anti-Trump events.

“Trump’s rhetoric is creating an unsafe environment for the Muslim community, for the Somali-American community, and we have seen an increase in Islamaphobia and anti-Muslim efforts across the state of Minnesota,” said Jaylani Hussein, executive director of the Council of American-Islamic Relations- Minnesota (CAIR-MN), “We have seen, just a few weeks ago, an incident involving five young Muslim men who were shot… we believe that incident is a hate crime.”

Hussein believes that Trump’s extremist rhetoric is creating a hostile, unsafe environment for Muslim Americans and immigrants, and the effects are being felt by the most vulnerable.

Hussein introduced 13-year old Yusuf Dayur who has been experiencing bullying in his school because he is a Muslim. Hussein suggested that Dayur might one day be president. Though Dayur’s school is very proactive in providing Dayur time and space in which to pray, some of his fellow students do not trust him because he is a Muslim. Dayur bravely fought back tears as he described the difficulties he faces.

Jaylani Hussein’s full comments:

After the press conference I headed across town to the Minnesota State Republican Offices where Cosecha Minnesota was holding a “Wall Off Trump” event. Cosecha is “a nonviolent decentralized movement that is focused on activating our immigrant community and the public to guarantee permanent and humane protection for immigrants in this country.”

Estaphania and another woman explained that their protest, in which they painted a wall, like the one Trump is promising on the Texas-Mexico border, is meant to draw attention to Trump’s extremist rhetoric that threatens the health and safety of immigrant Americans.

My last stop was at the Minneapolis Convention Center, where people representing virtually everyone Trump has ever publicly maligned, including immigrants, black Americans, members of the LGBTQ community, women, Muslims, indigenous Americans and more, gathered together to denounce Trump ahead of his visit to a large donor rally.

This protest was organized by MIRAc, the Minnesota Immigrant Rights Action Committee, a group that, “fights for legalization for all, an end to immigration raids & deportations, an end to all anti-immigrant laws, and full equality in all areas of life.”

Trump did not make a public appearance in Minnesota, or even speak to the press. He spoke to donors only at the Convention Center. But his very presence in the city was enough to galvanize this group to come out to speak, sing, dance and chant their opposition to Trump being president.

According to the Minnesota Star Tribune, after this event, as Trump donors left the convention center, they were confronted by angry demonstrators. “The demonstrators who harassed donors were not present earlier on, when the protest was peaceful. Many in the later group hid their faces behind scarves,” writes reporter Patrick Condon, “Minneapolis police spokeswoman Sgt. Catherine Michal said there were no arrests and no reported injuries. There was, however, minor damage, including graffiti on the walls of the Convention Center, and officers had to escort Trump supporters in and out of the lobby because they were being harshly confronted, Michal said.”

Below are the rest of the pictures and video from the three events.

2016-08-19 CAIR-MN 001 — Jaylani Hussein, CAIR-MN

August 17, 2016August 26, 2016

Court kills pipeline tariff in Mass, RI still considering

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As the Rhode Island Public Utilities Commission considers a request from National Grid to have ratepayers help subsidize a controversial pipeline project, the Massachusetts Supreme Judicial Court ruled against such pipeline tariffs in a decision released Wednesday.

“This is an incredibly important and timely decision,’ said David Ismay, the Conservation Law Foundation’s lead attorney on the case. ‘Today our highest court affirmed Massachusetts’ commitment to an open energy future by rejecting the Baker Administration’s attempt to subsidize to the dying fossil fuel industry. The course of our economy and our energy markets runs counter to the will of multi-billion dollar pipeline companies, and thanks to today’s decision, the government will no longer be able to unfairly and unlawfully tip the scales in their favor.”

The ruling by the Massachusetts Supreme Judicial Court may have an impact on National Grid‘s proposed “pipeline tariff” here in Rhode Island. The Massachusetts court deemed “it unlawful for Massachusetts to force residential electricity customers to subsidize the construction of private gas pipelines, requiring the companies themselves to shoulder the substantial risks of such projects rather than allowing that risk to be placed on hardworking families across the Commonwealth,” according the the Conservation Law Foundation (CLF) who brought the case.

The CLF was the plaintiff in the Massachusetts case. The CLF maintained in their motion to intervene in the Rhode Island case that “an electricity distribution company” entering “into a contract for natural gas transportation capacity and storage services” and receiving “cost recovery for its gas contract from electricity ratepayers” is “something that has never occurred in the United States since the Federal Power Act was enacted in 1935, during President Roosevelt’s first term in office.”

Megan Herzog, one of the two lawyers representing the CLF before the RIPUC said in a phone call that the “pipeline is a bad deal for the whole region and that the Massachusetts court affirmed that.” Though the judge ruled on the case using Massachusetts law, there are statutes in Rhode Island that reflect similar principles.

According to Craig S. Altemose, a senior advisor forthe anti-LNG advocacy group 350 Mass for a Better Future, “It is unclear how much this will be a fatal blow to any of Spectra’s proposed projects, but we have absolutely undercut their financing (to the tune of $3 billion), called into question similar pipeline tax proposals in other states, [italics added] and have given Spectra’s investors greater reason for pause. Either way, we have unambiguously won a victory that the people’s money should be not used for private projects that further commit us to climate catastrophe.”

“Today’s decision reinforces what we already know: it’s not in the public interest to subsidize new fossil fuel infrastructure. It deals a serious blow to companies like Spectra who wanted to subsidize their risky projects with handouts from ratepayers. Communities facing an onslaught of fracked gas projects in their backyards like those in Burrillville have good reason to feel hopeful right now. We urge Governor [Gina] Raimondo and the Rhode Island PUC to follow the lead of Massachusetts and reject the pipeline tax,” Ben Weilerstein, Rhode Island community organizer with Toxics Action Center said.

Though the ruling in Massachusetts has no statutory value in Rhode Island, it may establish some lines of legal reasoning that will be helpful as the Rhode Island Public Utilities (RIPUC) Commission decides on Docket 4267, the Rhode Island part of National Grid’s ambitious plan to charge electrical ratepayers not only for pipeline infrastructure investments, but also to guarantee the company’s profits as they do so.

National Grid responded with the following statement: “This is a disappointing setback for the project, which is designed to help secure New England’s clean energy future, ensure the reliability of the electricity system, and most importantly, save customers more than $1 billion annually on their electricity bills. We will explore our options for a potential path forward with Access Northeast and pursue a balanced portfolio of solutions to provide the clean, reliable, and secure energy our customers deserve. While natural gas remains a key component in helping to secure New England’s long-term energy future, the recently passed clean energy bill also presents a welcomed opportunity to support the development of large-scale clean energy, such as hydro and wind.”

Yesterday The RIPUC held a hearing on Docket 4627, asking National Grid to explain why it used such a “broad brush” in redacting information in its application. In the meeting announcement it was said that RIPUC Chair Margaret Curran thought “it is not intuitively clear how the information redacted falls within the exception to the Access to Public Records Act.” Much of what National Grid argues that much of what it wants to keep secret falls into the category of trade secrets, and releasing the information would put it at an unfair disadvantage with competitors, such as NextEra Energy Resources, LLC (NextEra).

As pointed out previously, National Grid will not release how much money ratepayers will be on the hook for if this idea is approved by the RIPUC.

Here’s full video of the hearing:

NextEra brought a separate motion to allow its lawyers access to highly confidential parts of National Grid’s application.

Here’s the full video of that hearing:

The Conservation Law Foundation (CLF) released the following statement today in response to the favorable decision from the Massachusetts Supreme Judicial Court in Conservation Law Foundation v. Massachusetts Department of Public Utilities (DPU):

‘This is an incredibly important and timely decision,’ said David Ismay, CLF’s lead attorney on the case. ‘Today our highest court affirmed Massachusetts’ commitment to an open energy future by rejecting the Baker Administration’s attempt to subsidize to the dying fossil fuel industry. The course of our economy and our energy markets runs counter to the will of multi-billion dollar pipeline companies, and thanks to today’s decision, the government will no longer be able to unfairly and unlawfully tip the scales in their favor.’

According to the opinion by Justice Cordy, DPU’s 2015 rule (“Order 15-37”) allowing Massachusetts electric customers to be charged for the construction of interstate gas pipelines is prohibited by the plain languages of statutes that have been the law of the land in Massachusetts for almost two decades.

In his opinion, Justice Cordy wrote, Order 15-37 is ‘invalid in light of the statutory language and purpose of G. L. c. 164, § 94A, as amended by the restructuring act, because, among other things, it would undermine the main objectives of the act and reexpose ratepayers to the types of financial risks from which the Legislature sought to protect them.’

August 16, 2016August 26, 2016

Franklin Graham’s hate and fear not wanted in Rhode Island

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Franklin Graham, son of the famous evangelist Billy Graham, is coming to the south steps of the Rhode Island State House on August 31 at noon, to preach his message of anti-LGBTQ, anti-Islam, pro-theocracy intolerance. Graham is visiting Rhode Island as part of a 50-state tour. “I’m going to every state in our country,” says Graham on his website, “to challenge Christians to live out their faith at home, in public and at the ballot box—and I will share the Gospel.”

Graham’s gospel includes the demonization of those who don’t subscribe to his narrow, biblical world view. Graham “and his pals,” writes Rob Boston, director of communications at Americans United for Separation of Church and State, “lost the marriage equality case at the U.S. Supreme Court, but they didn’t let that slow them down. Almost immediately, they started attacking the transgender community.”

Graham’s tour is timed to have maximum impact on the coming presidential election, even as he tries to pretend that his message somehow transcends politics. “I am running a campaign, but I am running a campaign for God,” says Graham on his 50-state tour website. His message isn’t one of unity and peace, it’s one built on the familiar right-wing tropes of hate and fear.

“The secularists, the progressives, many of these people, most of them are people that would be atheistic, and we have taken God out of our country,” said Graham during his Facebook live prayer event, scheduled before the start of the Republican National Convention, “We have taken Him out of our nation; we have taken Him out of our government. We have taken Him out of the education system, and our country is beginning to implode. We’re on the precipice of anarchy.”

Graham reserves his most vile verbal venom for members of the LGBTQ community. “I want the school boards of America in the hands of evangelical Christians within the next four to six years,” said Graham to Fox News’ Todd Starnes, “And it can happen and that will have a huge impact because so many school districts now are controlled by wicked, evil people, and the gays and lesbians, and I keep bringing their name up, but they are at the forefront of this attack against Christianity in America.”

Franklin went to Russia in 2015 to praise “President Vladimir Putin’s protection of ‘traditional Christianity,’ including the passage of the 2013 ‘gay propaganda’ law that effectively criminalizes pro-gay-rights speech and advocacy.”

While in Russia, Graham didn’t miss his chance to put down the country of his birth. “[T]he situation in the US regarding religion is in decline. Secularism, which is almost no different from communism, is an atheistic movement. Our country is becoming more and more secular, more atheist, taking God out of government, taking God out of schools. We are witnessing America losing many religious freedoms. In your country over the past 30 years, we have seen positive changes. But over this same period of time in the US, the changes have been negative.”

If you’re not convinced that Franklin Graham is a monster, consider that he called the “first national monument to the gay rights movement near the site of the Stonewall protests in New York City” an “Unbelievable… monument to sin,” adding, “It’s no surprise that the three officials who represent the area and support the monument are all openly gay.”

Consider that Graham told a capacity crowd in Alabama that the idea of separating church and state is “just a lie that the enemy uses to try to keep your mouth shut.”

Consider that he lead the effort to boycott Girl Scout cookies because of the group’s acceptance of lesbian, bisexual, queer and transgender youth, saying, he “won’t be buying any Girl Scout cookies this year.”

Then there’s Graham’s anti-Islam rants, a featured part of his public comments and sermons since 9/11. In the aftermath of the attacks, writes William Alberts in Counterpunch, Graham called Islam a “very wicked and evil religion.” In the same Counterpunch piece Alberts wrote:

Rev. Graham’s glorification of his brand of Christianity depends on him condemning Islam as a “violent form of faith,” which led him to do violence to Islam with this glaring lie: “‘Nowhere in its history gives proof of peace (italics added).’” He continued, “‘Islam itself has not changed at all in 1500 years . . . It is the same. It is a religion of war.’” He cited the Islamic State, the Taliban and Boko Haram, and concluded, “This is Islam. It has not been hijacked by radicals. This is the faith, this is the religion. It is what it is. It speaks for itself.”

In Rhode Island, the LGBTQ and Muslim communities have united against hate and violence, especially in the wake of the Orlando shootings. When a mosque was vandalized in North Kingstown, members of the LGBTQ community attended an interfaith vigil in support.

Franklin Graham is visiting a state that was founded on principles diametrically opposed to his brand of intolerance, fear and stupidity. I am confident he will not find fertile ground for his bigotry in the state founded by Roger Williams.

August 15, 2016August 26, 2016

Leader DeSimone’s legal skills help wage thief

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House Majority Leader John DeSimone is also a lawyer and one of his clients is Chung Cho, a restaurant owner who was fined for wage theft in Connecticut and, more recently, faces a lawsuit for allegedly stealing wages from his employees at Gourmet Heaven in downtown Providence.

“Defendants are without sufficient knowledge or information to admit or deny that plaintiffs were employed by Gourmet Heaven,” wrote DeSimone in a court filing on behalf of Cho.

Cho is facing a lawsuit from eight workers in Rhode Island for unpaid wages in violation of the minimum wage and overtime provisions of the federal Fair Labor Standards Act and the Rhode Island Minimum Wage Act. The eight workers are being represented by Robert McCreanor and Marissa Janton of the RI Center for Justice. Gourmet Heaven, which Cho recently sold, has been the center of several public demonstrations.

In Connecticut, Cho was charged with “42 felony and misdemeanor counts of wage theft, larceny, and defrauding immigrant workers after a 2013 Connecticut Department of Labor investigation found that Cho owed over $218,000 in unpaid wages” to two dozen restaurant employees, according to a court filing.

The Center for Justice initially filed its lawsuit in February, 2015, after “several requests for extension of the deadline for filing responsive pleadings”. DeSimone filed Cho’s legal response to the Rhode Island lawsuit on May 11, 2015. About a week later, on May 20, 2015, Cho sold Gourmet Heaven to GSP Corp for half a million dollars. At least some of the transactional paperwork for this sale was prepared by DeSimone.

GSP Corp had come into existence about a month earlier, on April 9, “listing 173
Weybosset Street … as its address and Dae Hyun Yoo as its registered agent,” according to the lawsuit. Gourmet Heaven was incorporated at this address, which is also where the restaurant is located. “Dae Hyun Yoo (aka David Yoo) is the Chief Executive Officer of B.C.S. International Corporation (B.C.S.), a wholesale food supply company,” according to the filing. “While operating Gourmet Heaven, LLC, Defendant Chung Cho regularly ordered inventory from B.C.S. and two of its subsidiaries, Hyun Dai International Food Corp and New York Cheese Corp.”

After the sale was finalized on September 14, “$225,389.11 of the $500,000 purchase price was paid directly to B.C.S., Hyun Dai International Food Corp, and New York Cheese Corp, purportedly to satisfy existing debts.” In the closing statement, Chung Cho is listed as receiving only “$1,620.78 from the $500,000 purchase price” after other debts were settled.

In response to this “sale” (quotation marks are included in the complaint) the Center for Justice amended its complaint to include GSP Corp as a defendant., believing the “sale” is merely an attempt to evade liability. GSP Corp hired Brian LaPlante and Michael J Jacobs as lawyers and have moved to have the complaint against them dismissed. A judge will hear the motion on September 20.

Selling the business and pleading poverty to avoid responsibility seems to be Cho’s signature move. One month after he was arrested in Connecticut, he sold his Connecticut Gourmet Heaven stores to Good Nature Café Inc, which was incorporated the previous October.

After selling his Connecticut stores, “on September 30, 2015 Defendant Chung Cho filed for personal bankruptcy in Connecticut,” says the complaint, “In December of 2015 Defendant Chung Cho testified at a hearing in Connecticut that he has no assets, contradicting a previous sworn statement that he possessed between $1 million and $10 million in assets.”

Back in Providence, on September 16, 2015, GSP Corp took over operation of the store located at 173 Weybosset Street, and renamed it Serendipity Gourmet. “The store continues operation at the same address, with many of the same employees, and sells the same products. The signage on the store uses the same font and colors, and the word ‘Gourmet’ still appears in the name. Signs on the exterior of the store proclaimed that it was ‘under new management.’”

In March of this year, GSP Corp applied for a new food dispenser and holiday sales license with the Providence Board of Licenses for their newly minted Serendipity Gourmet. The board’s attorney is Louis DeSimone, Representative John DeSimone’s cousin.

Voters should know when the people we elect to represent us also defend the monsters who oppress us. Anybody being sued deserves legal representation, but using slick legal moves to avoid paying workers their earned wages is simply gross.

DeSimone is facing a challenge to his House seat from Marcia Ranglin-Vassell.

DeSimone did not respond to requests for comment.

August 11, 2016August 26, 2016

Department of Health hears testimony on Burrillville power plant

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The Rhode Island Department of Health (RIDOH) held a public comment hearing in Burrillville Tuesday to solicit opinions on the potential health effects of building Invenergy‘s proposed $700 million fracked gas and diesel oil burning power plant. RIDOH has been tasked by the Energy Facility Siting Board (EFSB) to create a non-binding advisory opinion on potential public health concerns relating to the project, including but not limited to biological responses to power frequency, electric, and magnetic fields associated with the operation of the power plant, and the potential impacts on the quality of drinking water associated with the construction and operation of the plant. The final report is due in early September.

RIDOH has released a first draft of their report, which was consumed by Burrillville residents opposed to the plant. Much of the public comment centered around the idea that RIDOH wasn’t taking into account the compounded effects of the gas infrastructure in and around Burrillville but was instead concentrating on the proposed power plant by itself.

Perhaps the most dramatic moment of the evening came when Stephanie Sloman rose to give her testimony.

“I had a whole speech prepared,” said Sloman (see video #20 below), “but I noticed that Invenergy’s sitting over there, and I refuse to speak and read my speech in front of these people. I don’t think they should even be here, frankly.”

The evening’s meeting was made harder on residents of the town because at the same time as this meeting there was a meeting of the Harrisville Fire District and Water Board. This meant that some people (including me) had to run out to the other meeting and then return to the RIDOH hearing, still in progress.

Several Burrillville residents noted that Governor Gina Raimondo, during her visit to Burrillville in July, recommended that residents get involved in and trust the process. That seems awfully hard to do when two important meetings are scheduled at the same time .

Below is all the video from the event.

August 10, 2016August 26, 2016

Sierra Club seeks clarification from Elorza on LNG statement

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The Rhode Island Sierra Club has responded to Mayor Jorge Elorza‘s statement on National Grid‘s proposed liquefaction project for Field’s Point in the Port of Providence.

“The Rhode Island Sierra Club is glad the Mayor has publicly agreed to not offer any subsidies to National Grid related to the LNG liquefaction project in Fields Point. We would however urge him to clarify whether his definition of subsidy also includes Tax Stabilization Agreements and if it doesn’t, we would would ask him to take the same strong stance against those type of subsidies and end TSA negotiations immediately.

“While Elorza is correct in saying the decision will ultimately be made by FERC, we would argue his assertion, ‘the city will have little input into that decision’ is false. The mayor can’t abdicate his responsibility on this. Local officials can be hugely influential on Federal decisions. An outcry from public officials immensely helped in 2005 when a similar project was ultimately denied. Not sending in a letter, like the one nine Providence legislators sent to FERC last week, is a statement and a betrayal of his rhetoric on climate change.

“At the absolute minimum, we would ask the mayor to join the thousands of residents, and many businesses, environmental, community and religious organizations in signing the NoLNGinPVD campaign’s petition letter to FERC.

“The mayor also needs to hold the City Council accountable and ask them to follow through on their resolution to provide wide-scale public involvement, on which no action has been taken. They resolved to host meetings between National Grid, Dept. of Health, DEM, Coastal Resource Management Corporation and city residents, and city residents deserve nothing less.”

July 29, 2016July 30, 2016

Malala Yousafzai comes to Providence, talks education and Pokémon

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To her fans and supporters all over the world, she is Malala. She is a superstar. But when she arrived in Providence the night before her appearance at the Dunkin Donuts Center, no one recognized her.

On her first night in our city, Malala Yousafzai, youngest ever recipient of the Nobel Peace Prize, ate at the restaurant India on the East Side. In her telling, she ate too much and decided to go for a walk in the park with her father. In the park, she says, “Nobody was even looking at me.” Everyone was too busy playing Pokémon Go. Nineteen year old Malala knew about the game, her brothers play it, but her father did not know about it. They talked to a couple of players, asking them to explain the game. Her father still doesn’t understand the game. Malala doesn’t play but she is happy that the game gets her brothers out of the house, instead of keeping them indoors playing games on the television.

It’s such an ordinary story, yet Malala Yousafzai has not had an ordinary life.

2016-07-29 Malala in PVD 005 — A young Malala fan holds a sign for the crowd

On October 12, 2012, Malala Yousafzai, already an outspoken education advocate, was 15 years old when two members of the Taliban, no older than she, got on her school bus in Pakistan and shot her in the head. As Malala spoke about that day before an audience of 6,000 in Providence Thursday evening, she said, “It was the longest bus ride. I still haven’t arrived at my home in Swat Valley.”

Malala doesn’t remember the day of her attack. She was taken from hospital to hospital before ending up in Birmingham, England. After multiple operations and procedures she says is well and nearly fully recovered. About the men who shot her, Malala said, “The two boys who attacked me are about the same age as me. They were brainwashed. I blame the ideology. Islam doesn’t allow anyone to kill another person. Forgiveness is the best revenge.”

“The terrorists tried their best,” said Malala, “and I realized that even God is supporting me. Even Death is supporting me. Death doesn’t want me.”

When Malala was 11 the Taliban took over her homeland in Swat Valley, Pakistan. The Taliban stopped her education. “Women’s rights and dignity were taken away… That was a very hard time.” On her last day of school, Malala says she “decided to speak out for [her]self and all the girls in [her] community.”

She wrote about life under Taliban control and the need for education for women for the BBC and was profiled and wrote for the NY Times. When her name and the name of her father, Ziauddin Yousafzai, a school principal, was revealed on the radio, she became a target.

Since her recovery Malala has become an outspoken advocate against terrorism and for women’s rights. She has spoken out against child labor and child trafficking. She became the youngest recipient of the Nobel Peace Prize in 2014, sharing the honor with Kailash Satyarthi, a children’s rights activist from India. Malala, ever humble, doesn’t see the Nobel Prize as something she received. She sees it as an award recognizing the importance of children.

Malala doesn’t see herself as special. “There are amazing girls in Swat Valley better than me,” she said, “but their parents did not allow them an education.” Malala’s father supported his daughter’s right to an education. When people ask her father what he did to raise such a daughter, says Malala, her father answers that it’s what he didn’t do that is important.

“I didn’t clip the wings of my daughter,” says her father.

Channel 10’s Patrice Wood conducted Malala’s interview, but at one point, Wood handed over the questioning to Hilde Lysiak, a nine year old reporter who publishes The Orange Street News. Lysiak’s reporting came under fire earlier this year when she covered a murder that took place near her home. Many were outraged that a cute nine-year old girl was covering a terrible murder. Lysiak struck back with a masterful video telling people who didn’t like her reporting, “If you want me to stop covering news, then you get off your computers and do something about the news. There, is that cute enough for you?”

Lysiak’s short, on-stage interview with Malala demonstrates Malala’s commitment to women’s rights and the power of young girls. She was excited to answer Lysiak’s questions. To Malala education means allowing children the right to question and giving them access to critical thinking skills.

“Believe in yourself,” said Malala several times.

Malala is a devout Muslim. She wears a headscarf but balks at covering her face, as is the tradition for many. She believes that women should make their own choices. “Freedom means I wear the headscarf, as is my right,” said Malala. “I don’t feel comfortable covering my face, because that is who I am.”

As for being a young woman meeting with presidents and prime ministers, Malala says she is not afraid of powerful world leaders. “Am I afraid of presidents?” she asked, “Presidents should be scared of me because I’m speaking for the people.” It is the government’s responsibility to provide “complete, quality education for every child.” And Malala intends to hold governments and leaders to this obligation.

“Terrorists,” said Malala, “understand how important education is.”

In the video below, a choir sings a song written to honor Malala, and she joins them on stage.

July 28, 2016July 28, 2016

Nuns on the Bus visit RI

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The Nuns on the Bus came to Providence Saturday night as part of a 13 state tour that ended at the Democratic National Convention in Philadelphia. At each stop, the Nuns held meetings where concerned residents could share their concerns about a range of topics – including tax justice, living wages, family-friendly workplaces, access to democracy, healthcare, citizenship and housing. These meetings were held under the general title of “Mending the Gaps” and the discussion points and concerns from each meeting are to be delivered in Philadelphia.

The Nuns arrived at St. Michael’s Church in South Providence to the music of the Extraordinary Rendition Band and St. Michael’s own drummers.

During the discussions the Nuns learned about the obscene child poverty rates in Rhode Island, the criminality and disconnect of many of our elected leaders and our state’s support for the fossil fuel industry and the environmental racism such support entails. The meeting filled the basement of St. Michael’s.

From Providence the Nuns headed to Hartford, Scranton and Newark before arriving in Philly on July 26. You can follow their progress here.

July 24, 2016July 24, 2016

Don’t vote your conscience

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As the landscapes of media and communication continue to evolve, the lines between news, opinion and entertainment are blurring quicker than society can vet facts. Thus, there seems to be confusion over what is unsafe and what is uncomfortable. While the two concepts are not mutually exclusive, it is imperative to understand that neither are they the same.

While the two concepts are not mutually exclusive, it is imperative to understand that neither are they the same.

Politics and (some) Violence

In the United States, politics was established as the means by which problems can be addressed without violence. This places faith in a system, regulated by layers of redundancy in its checks and balances, to decide what measures to pursue that reflect the vox populi. One can guess that when the founders were composing the fundamental document to establish our government, they were still reeling from the echoing concussions of revolution. These men did not feel safe.

Rather, the founders probably felt correspondingly unsafe with the prospect of a disproportionate amount of power allocated to either the central government or the state governments. They felt unsafe with the potential uprising of a population of people who were kept as property based on their race. They felt unsafe due to the enormous financial debt incurred by the colonies for the economic costs of war. So, they designed such constitutional measures as separation of powers, the second amendment to the Bill of Rights, and a fractional reserve system of banking. What worked to preserve their safety at the time was, perhaps, shortsighted.

Two-hundred-thirty or so years later, our nation, devised in liberty and dedicated to the proposition that all men are created equal, has risen to a peak in global prowess that demonstrates the success of the system born of revolution, as well as showcasing its many flaws. History shows us that, when diplomacy fails and compromise is not pursued, violence fills the vacuum. While the argument can be made for the causes of political breakdowns to be many and complex, the most notable of them have been over race, war, and money.

Last Place Aversion in (presidential) Politics

The social phenomenon happening today has been increasing in frenetic urgency every four years, showing itself in the form of presidential campaign rhetoric. Fears are stoked and false equivalencies are pedaled. Now, as the locomotive of the Republican Convention barrels into the station as if driven by Casey Jones, the strategy has become clear. Donald Trump has tapped into the ugly effectiveness of the last place aversion paradox. Last place aversion is, to put it in extremely simplistic terms, the concept of relinquishing power to those with more, if it means preserving that power from those who have less. Following Donald’s speech, now more than ever, for Democrats to win this election against the nativist, hyper-nationalist, downright racist messaging of the Republican nominee’s pro-wrestling-style cheap-pop, they must focus all their campaigns -presidential and otherwise – on civil rights. In fact, all issues must be rooted in civil rights. That is an uncomfortable truth.

Last place aversion happens when uncomfortable is confused with unsafe. Self-preservation and self destruction look alike. The rest is just dressing one’s decision with self-serving justification to make it more palatable. Often such justification is fed to people by campaigns who would have people believe that politics is something worthy only of being the butt of a joke, or effective only when threatened with the barrel of a gun. This is thinly veiled by pundits and surrogates who use the word “establishment” with negative connotation, as if when they say it they want to laugh or spit. Just as familiarity breeds contempt, so does being an outsider fill voters with a sense of honesty and purity.

The Obama Coalition, consisting in large part of the growing minority population that makes up a reliable and vocal block of voters, ready to mobilize, and for whom this election is far too important to stay home, will be organizing and voting for the Democratic nominee. That, for some, is also an uncomfortable truth.

Trump in the Garden of Good and (mostly) Evil

Donald J. Trump has campaigned by exaggerating issues that make many people uncomfortable, thereby creating the illusion they are unsafe. Race in America is an uncomfortable conversation. Immigration is an uncomfortable conversation. Terrorism and religion is an uncomfortable conversation. Yet, by harnessing the manipulative aspects of the behavioral psychological phenomenon of attribute substitution, a process thought to underlie a number of cognitive biases (including stereotypes), Trump has tipped the scale away from many of these uncomfortable conversations. If addressed bravely and honestly by Americans, perhaps communicating on these issues would make the nation a safer place in the long run. Instead, Trump scapegoats the populations statistically facing the most real danger, painting them as the causes of danger for those who are likely to harbor biases and discomfort.

Described by Daniel Kahneman in his book, Thinking, Fast and Slow, attribute substitution is best explained as:

“When faced with a difficult question, we often answer an easier one instead, usually without noticing the substitution.”

Kahneman goes on to clarify the concept:

“An easy question (How do I feel about it?) serves as an answer to a much harder question (What do I think about it?).”

Many Americans prefer not to think about “it” at all. In spite of the fact that the average (white) American is far more likely, statistically to die of heart disease than by Islamic terrorism, he is still more likely to stare suspiciously at the Middle Eastern-looking gentleman at the ballpark, while eating a second hot dog and drinking a 32 ounce Mountain Dew. That same person may complain about “Mexican illegals” taking American jobs, after leaving his empty cup and hot dog wrapper on the ground to be cleaned up by a tax paying, undocumented, Ecuadorian immigrant – a job the average (white) American would never accept. Then, he may confidently drive home, in excess of the speed limit, knowing if he gets pulled over, he will be able to afford the speeding ticket. The average (white) American takes for granted that, were he stopped, he would not be shot by the police officer.

It was to an audience, made almost exclusively of this average (white) American, to whom Trump addressed his speech, describing a thousand points of darkness. In the city in which Tamir Rice was killed for holding a toy gun, Trump talked about being the law and order candidate. Simultaneously, white nationalists and open-carry enthusiasts brandished real firearms absent of police interference. Because, the problem, according to Trump, was everyone except his audience. To call on his audience to look within themselves and discern whether or not they enjoy privilege that others lack, would make them extremely uncomfortable. The only ask he made of his audience was to vote to put him in charge and let him speak for America. Because, only he alone can solve the scourge of lawlessness which he blames on everyone except himself and his supporters. That is not only wholly illogical, it is decidedly unsafe.

(not) Voting Your Conscience

Come November, Americans will vote their individual consciences. One might argue that, based on the collective conditioning of attribute substitution and its influence on people’s cognitive biases, people who “go with their gut instinct” are just as often wrong as they are right. Yet, just as likely is that voters have already made their decisions and are simply seeking justification for the choice that makes them most comfortable. Another quote by Kahneman goes:

“We think, each of us, that we’re much more rational than we are. And we think that we make our decisions because we have good reasons to make them. Even when it’s the other way around. We believe in the reasons, because we’ve already made the decision.”

Voting one’s conscience makes one feel comfortable. Perhaps it may be better to truly weigh the facts and the potential consequences before voting.

Of course, this unsolicited advice is not directed at you. I’m certain your choice will be weighed, measured, and not be found wanting for that which is best overall for the nation’s most vulnerable and the longest and most balanced period of peace and prosperity.

Politics is not the enemy. It is the process by which America solves its problems, albeit slowly and uncomfortably, without resorting to violence.

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